Răspunderea disciplinară a magistraţilor. Reglementarea abaterilor disciplinare. Câteva nedumeriri privind propunerile de modificare
Disciplinary liability of magistrates. Regulating disciplinary misconduct. Some questions about the amendments

Summary/Abstract: The article is a comparative analysis of the provisions of art. 99 of Law no. 303/2004 of the version in force and of the Amendment Law which is at the draft stage adopted by the Parliament but not promulgated. The main amendment aims to introduce in the regulation of some of the disciplinary deviations the mention that the misconduct constitutes disciplinary deviations if cannot be qualified as a criminal offence. It is the case of the disciplinary misconducts provided by art. 99 lit. j), n) and t). Moreover, the latter text also includes the statement that the disciplinary deviations does not remove the criminal liability. In this context, the question arises whether the author of the amendments intended to make a change in the relationship between disciplinary liability and criminal liability of magistrates. The draft also stipulates the modification of the provisions of art. 99 lit. r) of Law no. 303/2004, in the sense that, instead of the complete lack of justification of the court decisions or the acts of the prosecutor, it is proposed to introduce a new deviation, consisting in the failure to edit and to sign the judgments or judicial acts of the prosecutor, for imputable reasons, within the time limits provided by law.

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